Agenda - 12-05-2022; 6-a - Discussion on Process for Board of Commissioners Vacancy

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1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 5, 2022 Action Agenda Item No. 6-a SUBJECT: Discussion on Process for Board of Commissioners Vacancy DEPARTMENT: Board of Commissioners ATTACHMENT(S): INFORMATION CONTACT: Application Utilized for 2021 Board Vacancy John Roberts, County Attorney, 919- 245-2318 Laura Jensen, Clerk to the Board, 919- 245-2130 PURPOSE: To discuss the process by which the upcoming vacancy on the Board of Commissioners ("BOCC") will be filled. BACKGROUND: Commissioner Renee Price was recently elected to the North Carolina General Assembly. Commissioner Price notified the Board of Commissioners that she will be resigning her position effective December 31, 2022. Orange County is subject to North Carolina General Statute (NCGS) 153A-27, which provides that in Orange County, a vacancy is filled by the BOCC subject to several pre-requisites. The nominee must be a member of the same political party as that of the member being replaced and a resident of the same district. Before filling the vacancy, the BOCC must also consult the appropriate political party, but is not bound by the party's recommendation. The BOCC may either conduct the applicant evaluation process itself or, as it has done in the past, allow the Orange County Democratic Party to conduct the applicant evaluation process. The Board would then receive one or more recommended applicants from the Party and appoint a new Board member. The BOCC must fill the vacancy within 60 days of the date the vacancy becomes effective — December 31, 2022. The deadline for the Board to fill the vacancy is March 1, 2023. If not filled by that date, the Clerk of Superior Court must fill the vacancy. Pursuant to NCGS 153A-27, the appointee will serve in the position for the remainder of Commissioner Price's unexpired term. The last vacancy on the Board of County Commissioners in 2021 was created by the resignation of Mark Dorosin and was filled through an open process in which the Orange County Democratic Party evaluated the applications, interviewed those applicants, and presented four applicants to the BOCC for consideration. Should the BOCC choose to follow the same process as in 2021, the application process is proposed to begin in December 2022. The 2021 application (for potential use again in the current process) is attached for Board reference and discussion/revision. The 2021 application included questions from the BOCC and from the Orange County Democratic Party. It is proposed that applications be accepted through January 6, 2023, with all eligible applications then being forwarded to the Orange County Democratic Party. The Party would review the applications and nominate candidate(s) to the BOCC by January 30, 2023, in time for Board consideration at the February 7, 2023 Business meeting.